1. Heard Ms. Kapadia, learned advocate for the petitioner.
2. The petitioner has taken out present petition seeking below mentioned relief:-
"10(A) That the Hon'ble Court be pleased to issue a writ of certiorari or a writ in the nature of certiorari or any other appropriate writ, order or direction for quashing and setting aside the order dated 04.04.2009 passed in Appeal No. MKM/Appeal/08-09/1825 by respondent No.1 authority at Annexure-D.
(B)........
(C).......
(D)......."
3. Learned advocate for the petitioner has submitted that the impugned order dated 4.4.2009 is without jurisdiction and the authority who passed the order is not and cannot be said to be Appellate Authority under the provisions of the Act, so far as the petitioner trust is concerned and that therefore the petition may be entertained.
Subsequently, on the instruction received from her client, learned advocate for the petitioner made request for permission to withdraw the petition with a view to approaching Gujarat State Information Commission against the order impugned in present petition.
4. The request as prayed for is granted. The petition stands disposed of as withdrawn so as to enable the petitioner to approach Gujarat State Information Commission.
5. At this stage learned advocate for the petitioner has submitted that period during which the petition remained pending in this Court may not come in way of petitioner so far as the issue of limitation is concerned.
6. In this context it is clarified that according to the record, affidavit in present petition was made on 2.5.2011 and the petition was filed on 27.6.2011. Thereafter, the petition is permitted to be withdrawn today.
So far as the intervening period i.e. from the date on which petition was filed to today, is concerned the petitioner was prosecuting remedy against impugned order in this Court.
Therefore, if and when issue of limitation is raised at the time of hearing before the Commission then the State Information Commission will decide the said issue after considering aforesaid aspect i.e. pendency of petition in this Court and pass appropriate order in accordance with law.
With the aforesaid clarification the petition is disposed of as withdrawn.
(K.M.THAKER,J.) Suresh* Top